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173199P.pdf 01/08/2019 United States v. George Patino
U.S. Court of Appeals Case No: 17-3199
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Colloton and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. In this prosecution for
distribution of human growth hormone and smuggling, the district court did
not abuse its discretion in admitting evidence that defendant had been
convicted in 1998 for possession of the drug with intent to distribute, as
well as certain statements he made at that time, as the evidence was
relevant to intent and knowledge and was not overly remote in time in
light of the fact that the two crimes were extremely similar; no error in
applying a sophisticated means enhancement under Guidelines Sec.
2T3.1(b)(1) based on the evidence at trial and the unobjected-to facts in
the PSR; the district court did not err in departing upward based on
defendant's understated criminal history, where defendant had five
unscored prior convictions, including two for international drug
distribution.